Re Emms' Application for Judicial Review

JurisdictionScotland
Date2008
Year2008
CourtCourt of Session (Inner House)
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5 cases
  • Mrs. Ivy Niven For Judicial Review Of A Decision Of The Lord Advocate Dated 8th May 2008
    • United Kingdom
    • Court of Session
    • 24 July 2009
    ...that the Lord Advocate does not of necessity have to answer every question which may be put by relatives. Reference was made to Emm's Pets. 2008 SLT 2, paragraphs 48 to 50, and to Banks v UK (2007) 45 EHRR SE 2, paragraph 23. [40] Ms Crawford submitted that in the present case it is of impo......
  • Anne Mitchell+karin Mitchell (aps) V. Glasgow City Council
    • United Kingdom
    • Court of Session
    • 29 February 2008
    ...that failure could be challenged by means of an application for judicial review (Fayed v Lord Advocate 2004 S.C. 568; Emms, Petitioner 2008 S.L.T.2; Kennedy v Lord Advocate [2008] CSOH 21). 5. If Mr Mitchell's death had been caused by negligence on the part of the defenders, the legal syste......
  • Rosaleen Kennedy+jean Black V. The Lord Advocate
    • United Kingdom
    • Court of Session
    • 5 February 2008
    ...set out by the Court of Appeal in R (Takoushis) before I had the opportunity of reading the Opinion of Lady Smith in Emms, Petitioner 2008 SLT 2, which was issued after I took the present cases to avizandum. [91] The approach set out in R (Takoushis) takes account of the fact that the juris......
  • Petition of Niven, for judicial review of decision of the Lord Advocate [Outer House]
    • United Kingdom
    • Court of Session (Outer House)
    • 24 July 2009
    ...that the Lord Advocate does not of necessity have to answer every question which may be put by relatives. Reference was made to Emm's Pets2008 SLT 2, paras 48 to 50, and to Banks v UK(2007) 45 EHRR SE 2, para 23. 40. Ms Crawford submitted that in the present case it is of importance that th......
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